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Leave of Absence in Yukon
The Yukon Territory has established specific regulations governing leaves of absence to protect employees’ rights while balancing employers’ operational needs.
These regulations are primarily outlined in the Employment Standards Act, which sets minimum standards for employment across the territory. Understanding these leave provisions is crucial for employers and employees to ensure compliance and appropriate workplace planning.
This guide will help you understand the various types of leave of absence in Yukon, their eligibility requirements, and how they’re administered.
What Types of Leave are available in Yukon?
Yukon’s employment legislation provides various types of leave to address employees’ different life circumstances. These leaves balance workplace needs with personal requirements.
Annual Vacation Leave in Yukon
Annual vacation leave provides employees with guaranteed time away from work for rest and personal pursuits. This leave is a statutory right for eligible workers in Yukon.
All employees in Yukon are entitled to vacation pay and vacation time after completing specific periods of employment. The only exception is members of the employer’s family, who are exempt from these vacation entitlements.
Employers must begin paying vacation pay after an employee has been continuously employed for 14 days. This requirement ensures that even relatively new employees start accruing vacation benefits early in their employment.
How are vacation pay and time calculated?
Vacation pay in Yukon is calculated as at least 4% of an employee’s gross wages. This percentage-based approach ensures that vacation compensation scales appropriately with earnings.
Vacation time is calculated as at least 2 consecutive weeks for each completed year of employment. Employers must provide this vacation time within 10 months after the employee completes one year of employment.
What happens to accrued vacation upon termination?
When employment terminates, all earnings, including accrued vacation pay, must be paid to the employee. The “use-it-or-lose-it” policy, which would require employees to forfeit unused vacation time, is illegal in Yukon.
Source: Vacation pay and vacation time, Government of Yukon
Sick Leave in Yukon
Sick leave in Yukon allows employees to take time off when ill or injured without risking their employment status.
Employees in Yukon are entitled to up to 12 days of unpaid sick leave annually. This leave is earned at the rate of 1 day per completed month of employment, allowing employees to gradually build their sick leave bank throughout the year. The Paid Sick Leave Rebate offers employees and self-employed individuals up to 40 hours of paid sick leave each year, available until March 31, 2026.
Sick leave cannot be carried over to another year in Yukon. This means that unused sick days do not accumulate from one year to the next, and employees begin each new year with a fresh allocation.
| Sick Leave Provision | Details |
|---|---|
| Total Entitlement | Up to 12 days per year |
| Accrual Rate | 1 day per completed month |
| Carryover | Not permitted |
| Medical Certificate | May be required by the employer |
| Job Protection | Protected absence when sick leave is earned |
Maternity and Parental Leave in Yukon
Maternity and parental leave in Yukon allow employees to take time off for the birth or adoption of a child while maintaining job security.
Eligible Yukon employees are entitled to up to 17 weeks of job-protected unpaid maternity leave. This provision allows expectant mothers time to prepare for childbirth, recover, and bond with their newborn.
To qualify for maternity leave, employees must have been employed for at least 12 consecutive months with the same employer. Additionally, employees must provide:
- Four weeks’ notice of their intention to take maternity leave
- A medical certificate confirming the pregnancy
It’s important to note that employers may require pregnant employees to begin maternity leave within the 6 weeks prior to their estimated due date, depending on workplace circumstances.
Parental leave entitlements in Yukon are substantial and vary based on specific circumstances:
- An employee taking parental leave on their own may take up to 63 weeks of leave
- If both parents take parental leave, they may take up to 71 weeks combined, but only in cases where the first employee on leave is unable to care for the child due to injury, illness, death, or other family hardship
All parental leave must be completed within 78 weeks of the child’s birth or adoption, creating a defined window for this entitlement.
Source: Maternity and parental leave, Government of Yukon
Bereavement Leave in Yukon
Bereavement leave allows employees time to mourn and attend to arrangements following the death of a family member.
An employee can take bereavement leave when a family member dies, provided that the funeral falls within the leave period. Additionally, if a First Nation family designates an employee as the person responsible for organizing a funeral potlatch, the employee qualifies for this leave.
Bereavement leave in Yukon provides up to one week of unpaid leave. This time allows employees to attend funerals, manage affairs, and begin the grieving process without employment concerns.
Compassionate Care Leave in Yukon
Compassionate care leave allows employees to take time off work to care for or support a family member who has a serious medical condition with a significant risk of death within 26 weeks.
The leave period begins on the first day of the week in which the medical certificate was issued and ends on the last day of the week in which either the family member dies or 52 weeks have passed, whichever comes first. If multiple employees take compassionate care leave for the same family member, they may collectively take up to 28 weeks of leave. This leave must be taken in periods of at least one week at a time.
To qualify for compassionate care leave, employees must provide their employer with a certificate issued by a qualified medical practitioner or nurse practitioner. This certificate must state that the family member has a serious medical condition with a significant risk of death within 26 weeks from the day the certificate is issued.
Leave Related to Critical Illness in Yukon
Critical illness leave provisions allow employees to care for critically ill family members while maintaining job security.
Critical illness leave for a child in Yukon
An employee who is a family member of a critically ill child (under 18 years of age) may take leave to care for or support that child. The Employment Standards Act defines a “critically ill child” as a person under 18 whose life is at risk due to illness or injury.
Eligible employees may take up to 37 weeks of leave to care for a critically ill child. This leave must be taken in periods of at least one week at a time. If multiple employees take this leave to care for the same critically ill child, they may collectively take up to 37 weeks.
Critical illness leave for an adult in Yukon
Critical illness leave for an adult allows employees to care for or support a critically ill adult family member (18 years or older) whose life is at risk due to illness or injury.
Eligible employees may take up to 17 weeks of leave to care for a critically ill adult. This leave must be taken in periods of at least one week at a time. If multiple employees take this leave to care for the same critically ill adult, they may collectively take up to 17 weeks.
To qualify for critical illness leave (both child and adult), employees must:
- Have completed six months of continuous employment with their employer
- Provide a certificate from a qualified medical practitioner or nurse practitioner stating that the family member is critically ill, requires care or support, and specifying the period during which care is needed
- Give their employer at least two weeks of written notice before starting the leave (unless circumstances require shorter notice)
Leave Related to the Death or Disappearance of a Child in Yukon
This specialized leave addresses the particularly traumatic circumstances when a child has died or disappeared as a result of a crime.
How long is leave for a child’s death?
An employee who is the parent of a child who has died, where the death is likely the result of a crime, is entitled to a leave of absence of up to 104 weeks (2 years). This substantial leave period acknowledges the profound impact of such a loss.
How long is the leave for a child’s disappearance?
An employee who is the parent of a child who has disappeared, where the disappearance is likely the result of a crime, is entitled to a leave of absence of up to 52 weeks (1 year).
What are the eligibility requirements for these leaves?
To qualify for either of these leaves, employees must:
- Have completed six months of continuous employment with their employer
- Be the parent of the child who has died or disappeared
- Provide written notice to their employer at least two weeks before taking the leave (unless circumstances require shorter notice)
- Take leave in periods of at least one week at a time
Source: The Employment Standards Act General Fact Sheet
Domestic and Sexualized Violence Leave in Yukon
Domestic and sexualized violence leave provides crucial support for employees experiencing or affected by violence.
This leave provision enables employees to take time off work to deal with situations involving domestic or sexualized violence. The leave can be taken all at once, as single days, or in groups of days, providing flexibility to address varying circumstances.
Employees are entitled to:
| Leave Type | Paid Portion | Unpaid Portion |
|---|---|---|
| Short-term Leave | 5 days | 5 days |
| Long-term Leave | None | Up to 15 weeks |
With employer consent, the leave may be taken non-consecutively or not all at once, allowing for flexible arrangements based on individual needs.
Qualification for different components of this leave varies:
- After 90 days of employment, employees qualify for both paid short-term leave and unpaid long-term leave
- Immediately upon employment, employees qualify for unpaid short-term leave
Source: Domestic and sexualized violence leave, Government of Yukon
Jury Duty Leave in Yukon
Employers must allow employees to take time off work to serve as jurors when summoned or selected for jury duty. While this leave may be unpaid at the employer’s discretion, employers cannot discriminate against employees in any other way due to their jury service. This means employers cannot reduce wages or alter employment conditions because an employee is fulfilling their civic duty.
Reservists’ Leave in Yukon
Employees who are military reservists and have been employed with the same employer for at least 6 consecutive months are entitled to job-protected unpaid leave for:
- Deployment on overseas missions, including pre- and post-deployment duties
- Deployment for domestic emergencies
- Up to 15 days of annual training
This leave applies to both Reservists and Rangers, recognizing the important role these individuals play in national security and emergency response.
Voting Leave in Yukon
Eligible employees in Yukon are granted time off with pay to vote in federal, territorial, and municipal elections, in accordance with applicable laws. Employees do not need to submit a written request for this leave. In exceptional cases where an employee must travel a significant distance to vote, the deputy minister may approve additional paid time off.
Read on to get insights about key leaves, rights and obligations in other Canadian provinces, including:
- Leave of Absence in Alberta
- Leave of Absence in Ontario
- Leave of Absence in New Brunswick
- Leave of Absence in British Columbia
- Leave of Absence in Quebec
Leave of Absence in Yukon FAQs
Can employees in Yukon receive both maternity and parental leave?
Yes, an employee is entitled to both maternity and parental leave in Yukon. This means that a birth mother can potentially access both the 17 weeks of maternity leave and additional parental leave, providing significant time for child-rearing responsibilities.
What proof is required for domestic and sexualized violence leave?
No proof is required to take this leave, which recognizes the sensitive nature of these situations. An employer can, however, require that a notice form be used to request the leave.
Is sick leave a protected absence in Yukon?
An employee's absence from work due to illness or injury is not cause for termination if they have earned sick leave. This protection ensures that employees can recover from health issues without fear of losing their jobs.
Do employers request medical certificates for sick leave in Yukon?
Yes, employers may require employees to submit a certificate from a qualified medical practitioner or nurse practitioner to validate their sick leave claims. This provision helps prevent potential misuse of sick leave while ensuring legitimate health needs are accommodated.
Are there any limitations to leaves related to the Death or Disappearance of a Child in Yukon?
A significant limitation applies: an employee charged with the crime relating to the death or disappearance of their child is not entitled to these leaves. Additionally, if multiple employees take leave for the same child, their combined total absence must not exceed the maximum allowable period (104 weeks for death, 52 weeks for disappearance).
Understanding your rights and responsibilities regarding leaves of absence is essential for maintaining positive workplace relationships and ensuring compliance with territorial regulations. Clear communication about leave entitlements and procedures benefits both employers and employees.